234 JOHN C. FREMONT. 



short period by lot. Three weeks only of that term 

 remained; but during that brief interval he was con- 



and confirmed Colonel Fremont's title in every particular. Chief- 

 Justice Taney delivered the opinion of the court, in the course of 

 which, while speaking of the provision against alienation attached to 

 Alvarado's grant, and which, he said, was void, as being in violation 

 of a decree of the Mexican Congress, he observes : 



"'But if this condition was valid by the laws of Mexico, and if 

 any conveyance made by Alvarado would have forfeited the land under 

 the Mexican Government as a breach of this condition, or if it would 

 have been forfeited by a conveyance to an alien, it does not by any 

 means follow that the same penalty would have been incurred by the 

 conveyance to Fremont. 



" ' California was at that time in possession of the American forces, 

 and held by the United States as a conquered country, subject to the 

 authority of the American Government. The Mexican municipal 

 laws which were then administered were administered under the 

 authority of the United States, and might be repealed or abrogated at 

 their pleasure ; and any Mexican law inconsistent with the rights of 

 the United States or its public policy, or with the rights of its citizens, 

 was annulled by the conquest. Now, there is no principle of public 

 law which prohibits the citizen of a conquering country from pur- 

 chasing property, real or personal, in the territory thus acquired and 

 held ; nor is there any thing in the principles of our Government, in 

 its policy, or in its laws, which forfeits it. The Mexican Government, 

 if it had regained the power, and it had been its policy to prevent the 

 alienation of real estate, might have treated the sale by Alvarado a8 

 a violation of its laws ; but it becomes a very different question when 

 the American Government is called on to execute the Mexican law. 

 And it aan hardly be maintained that an American citizen, who makes 

 a contract or purchases property under such circumstances, can be 



